Case T-461/08: Action brought on 6 October 2008 — Evropaïki Dynamiki v BEI
Date: 2008-10-06
Institutions: Court of First Instance
Subjects: European Investment Bank, Greece, access to information, action for annulment (EU), administrative transparency, award of contract, equal treatment, invitation to tender

C 19/30

EN

Official Journal of the European Union

24.1.2009

Operative part of the order

1. There is no longer any need to adjudicate on the present action.

2. S.C. Gerovital Cosmetics S.A. and S.C. Farmec S.A. shall each
bear their own costs and half of those incurred by the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM).

(1) OJ C 183, 4.8.2007.

The applicant claims that the outcome of the tender has not
been communicated to it and that it came only incidentally to
its knowledge that a contract award notice had been published
in the Official Journal (1) of 26 July 2008. The applicant argues
that the contested decision was taken by the defendant in viola-
tion of the principles of transparency and of equal treatment,
and of the relevant provisions of the EIB's Guide for Procure-
ment and the EC law on public procurement. It is submitted
moreover that by not notifying the applicant of its award deci-
sion, by failing to provide sufficient justification of its decision
to award the contract to another tenderer, by setting criteria
that result in unequal treatment, by mixing selection and award
criteria, by using a discriminatory evaluation formula of a ratio
75 %/25 %, the defendant allegedly failed to ensure undistorted
competition through repeated infringements of the obligation of
transparency and equal treatment.

Action brought on 6 October 2008 — Evropaïki Dynamiki
v BEI

(Case T-461/08)

(2009/C 19/57)

Language of the case: English

the defendant

The applicant furthermore claims that should the Court find
infringed the community law of public
that
procurement and/or principles of
transparency and of
equal treatment, the applicant requests monetary compensation
equal to 50 % of EUR 3 880 000,00 (EUR 1 940 000,00) from
EIB, corresponding to the estimated gross profit from the afore-
mentioned public procurement procedure, should the contract
have been awarded to the applicant.

legal

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepi-
koinonion Pliroforikis kai Tilematikis AE (Athènes, Greece)
(represented by: N. Korogiannakis and P. Katsimani, lawyers)

The applicant further requests the Court to condemn the defen-
dant to pay the applicant's legal costs even if the Court rejects
the application, in accordance with Article 87(3)(b) of the Rules
of Procedure of the Court of First Instance, since it considers
that it was the defendant's deficient evaluation of the applicant's
tender, as well as the failure to state reasons and inform the
applicant timely on the relative merits of the successful tenderer
that forced the applicant to seek legal redress before this Court.

Defendant: European Investment Bank

(1) OJ 2008/S 144-192307.

Form of order sought

— Annul the decision of the European Investment Bank to
evaluate the applicant's bid as not successful and award the
contract to the successful contractor;

— Order the European Investment Bank to pay the applicant's
damages suffered on account of the tendering procedure in
question for an amount of EUR 1 940 000,00;

— Order the European Investment Bank to pay the applicant's
legal and other costs and expenses incurred in connection
with this application, even if
the current application is
rejected.

Action brought on 11 November 2008 — Giordano
Enterprises v OHIM — José Dias Magalhães & Filhos
(GIORDANO)

(Case T-483/08)

(2009/C 19/58)

Pleas in law and main arguments

Language in which the application was lodged: English

its application pursuant

to Articles 230 EC
By means of
and 235 EC, the applicant seeks, on one hand, the annulment
of the decision of the European Investment Bank of 26 July
2008 to reject the bid of the applicant filed in response to
in
the
the
Tenders
for
the loans front
Maintenance Support and Development of
Office system (SERAPIS) at
the European Investment Bank’
(OJ 2007/S 176-215155), and on the other hand, compensation
for damages.

‘EIB-Assistance

open

Call

Parties

Applicant: Giordano Enterprises Ltd (Jalan Merdeka, Malaysia)
(represented by: M. Nentwig, lawyer)